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What is accidental (implied or tacit) revocation of wills?
The simplest method of revoking a will is by validly executing a further will or codicil. A clear way of doing this is by including a revocation clause in the later will. For example, at the outset of the new will, it could simply state: 'I revoke all former wills and testamentary dispositions and declare this to be my last will and testament.' This simple clause will revoke all previous wills and codicils. But it might present problems when acquiring foreign assets in countries that do not have freedom of testation. As we have in South Africa, this simply means that the testator may leave his estate to whomever they want to. In some countries, e.g. France, the principle of forced heirship applies. Under these laws children are prioritised over spouses. Why should this be a problem? Let's assume a South African buys a property in France. He then draws up another last will and testament to leave the property in France and his properties in South Africa to his wife. But the property in France might end up going to his children, because France’s laws prioritise children over spouses. How could this happen? Simply because the last will and testament is subject to the laws of the country where the asset is situated. That part of the testator’s will is therefore accidentally revoked.